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TERMS AND CONDITIONS:
1. Hiring of Equipment:
A & Y Catering Services cc. hires to the customer
the equipment as described overleaf ('the equipment')
in terms of these General Conditions of Hire. The
parties elect their respective domicilia for the
purpose of notice and service of process and
proceedings at the addresses stated overleaf.
2. Deposit & Hire Charges:
2.1 The hire charges at the rates and deposit
stated overleaf are payable in cash on delivery
unless otherwise agreed. The deposit less
deduction of the amount due shall be refunded to
the customer within a reasonable period of return
or collection of the equipment.
2.2 The customer shall be deemed to have
accepted to correctness of any account unless the
Owner is notified in writing of any queries or
discrepancies within 3 days of account.
2.3 Any deposits paid in advance to secure
bookings will be forfeited if the booking is
cancelled
less than 30 days prior to the reserved date.
3. Period:
3.1 The period of hiring of goods is 4 days
including the collection date as well as the
returned
date. (Both days including unless the period is
determined by A & Y Catering Services cc.)
3.2 The hire period commences when the
equipment is delivered or collected and subject to
9.
ends when the Owner accepts return of the
equipment.
3.3 The Owner shall use reasonable endeavours
to ensure that the equipment is delivered or
available for collection at agreement time,
but shall not be liable should the equipment not
be delivered or be available at such time.
3.4 Should the equipment not be returned to
or be available for collection at the agreed time
for
return, the customer will be charged
additional hire. charges at the rates stated
overleaf until
such time as the equipment is either
returned or collected by the Owner, as the case' may
be,
in addition to a travelling charge at the
Owner's standard rates, should the Owner collect the
equipment.
4. Equipment:
4.1 The equipment shall be deemed to be in
the quantity of the description stated overleaf and
in
good order and repair and fit for the
purpose for which it is intended when delivered to
customer, unless the customer notifies the
Owner or its representative forthwith on delivery of
any deficiency or incorrectly delivered
equipment.
5. Maintenance and Return of Equipment:
The customer shall:
5.1 provide dry, undercover storage until
such time as the equipment is returned to the Owner.
5.2 immediately notify the Owner should any
of the equipment malfunction. The Owner shall
repair or replace the equipment at sole
discretion determines that the malfunction is due to
improper use of the equipment.
5.3 return the equipment in a clean state and
in good order and repair particular but without
limitation,
5.3.1 All equipment (with the exception of
tablecloths, furniture and Marquees) must be washed
and dried. Any equipment
returned unwashed will be charged for at a rate
determined by
the Owner.
5.4 The customer shall not be entitled to
substitute any other equipment for the Owner's
equipment.
5.5 Notwithstanding 2.2 unless the
equipment is checked and counted on the day of
return of or collection in the presence of the
representative of the Owner who accepts the
correctness of a statement as to the quantity and
condition of the equipment collected shall be final
and binding on the customer.
6.
Use of Equipment:
The customer:
6.1 acknowledges it is a aware of the purpose
for which the equipment is intended, and shall only
use the equipment for such purpose.
6.2 shall use the equipment at his own risk
and indemnifies the Owner against any claim of any
claim of any nature brought against it by the
customer's employees, agents, representatives,
guests or any other third parties arising out of the
use of the equipment by the customer or while in the
possession of the customer or any other cause and at
all costs and expenses incurred by the Owner or an
attorney and own client scale in the defending or
settling such proceedings.
6.3 shall have no claim on any nature against
the Owner for any loss suffered or damages sustained
by the customer arising from any cause, including
without limitations, the installations, use or
malfunction of the equipment or the provisions of
these General Conditions other than the specific
remedies provided for you.
7. No Warranties:
The Owner furnishes no warranties and makes no
represerllalD6Gl than those contained herein. The
provision of these General Conditions shall govern
the relationship of the parties to the exclusion of
all other
conditions, whether implied by law or stipulated for by
the customer unless accepted by the Owner in
writing.
8. Access:
The Owner shall at all reasonable times be entitled
to access to any premises of the customer for the
purposes of inspecting or repairing the equipment.
9. Breach:
9.1 Should the customer ........
9.1.1 Fail to comply with any obligation
imposed by on the customer in terms hereof all of which are
deemed to be material on due date and persist in such
failure for three days after having been given written
notice to remedy such default of.
9.1.2 Commit any act of insolvency or be
placed in liquidation or sequestration whether
provisional or final placed under judicial management, the
Owner shall be entitled to terminate this agreement
forthwith and enter on any premises of the customer and
retake possession of the equipment.
9.2 The specific remedies which the Owner has
against the customer in terms of these General Conditions.
are without prejudice to any other remedies which the
Owner may have, including the right to claim all such
consequential and other damages from the customer that the
Owner may have suffered as a result of the breach by the
customer of any of his obligations.
9.3 The Owner's liability to the customer and
all persons claiming under him arising from any
cause whatsoever including the wilful default or
negligence of the Owner, its employees or
agents, shall be limited to the specific remedies provided
for herein.
10. Miscellaneous:
10.1
The
customer consents to the jurisdiction of the
Magistrate's Court in which the customer's
domicilium is situated in respect of any legal
proceedings arising out of this agreement.
10.2 The customer will be liable for the
Owner's cost on an attorney and own client scale
should the Owner institute legal proceedings against
the customer arising out of the provision of these
General Conditions, or arise out of the customer's
use or possession of the equipment.
10.3 The Owner shall be entitled to apply
any amount received from the customer to the
liquidation, in which or part of any obligation,
whether arising out of the hire or otherwise owed by
the customer to the Owner, irrespective of whether
the final amount of the obligation has been
determined.
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